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Home/Law/State X licensed Glowing Power Co. to operate several nuclear power plants within its territory. Despite all due care, an accident occurred at one of these plants, and a large cloud of radioactive dust escaped into the atmosphere. The cloud floated into the airspace above State Y before it began settling. It then caused extensive damage to the population and the natural environment of State Y. Is State X liable? Is the Glowing Power Co. liable? Defend your reasoning.

State X licensed Glowing Power Co. to operate several nuclear power plants within its territory. Despite all due care, an accident occurred at one of these plants, and a large cloud of radioactive dust escaped into the atmosphere. The cloud floated into the airspace above State Y before it began settling. It then caused extensive damage to the population and the natural environment of State Y. Is State X liable? Is the Glowing Power Co. liable? Defend your reasoning.

Is State X liable?

The state may not be liable unless it can be proved in Court that the state’s involvement in this accident is evident. In most cases, it is the individual operator, or the person designated or recognized by the initial state, as the operator of that installation, who could be held liable for contributory damages and compensation to State Y for causing extensive damage to the populace and natural environment of State Y.

Is the Glowing Power Co. liable?

Glowing Power Company is liable because of the following reasons:

  1. It did not inform State Y beforehand regarding the contingent risks that were present in the operation of their nuclear power plant in Country X and the serious consequences that could befall due to the presence of this plant in country X.
  2. They failed to take adequate safety precautions that could have prevented this mishap. When seen objectively, the aspect, whether precautionary safety measures were taken or not, is secondary; what is primary is that a major tragedy had taken place and needs to be addressed. If one were to take a pragmatic stand, the fact that the accident has occurred does indicate that the highest standards of safety and security have not been observed.
  3. It is a foregone conclusion that manufacturing nuclear energy is a high-risk area and entails the escape of toxic radioactive substances into the earth’s stratosphere.

On April 26, 1986, in Chernobyl, Ukraine, approximately 135,000 people were removed to safer zones in the aftermath of a nuclear leak tragedy that killed 31 people.

Under Article II of the Vienna Convention on Civil Liability for Nuclear Damages, 1963, the operator, or in other words, the person designated or recognized by the initial state, as the operator of that installation, would be absolutely liable for damages not exceeding the US $5 million for any nuclear incident.

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Academic.Tips. (2021) 'State X licensed Glowing Power Co. to operate several nuclear power plants within its territory. Despite all due care, an accident occurred at one of these plants, and a large cloud of radioactive dust escaped into the atmosphere. The cloud floated into the airspace above State Y before it began settling. It then caused extensive damage to the population and the natural environment of State Y. Is State X liable? Is the Glowing Power Co. liable? Defend your reasoning'. 9 October.

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Academic.Tips. (2021, October 9). State X licensed Glowing Power Co. to operate several nuclear power plants within its territory. Despite all due care, an accident occurred at one of these plants, and a large cloud of radioactive dust escaped into the atmosphere. The cloud floated into the airspace above State Y before it began settling. It then caused extensive damage to the population and the natural environment of State Y. Is State X liable? Is the Glowing Power Co. liable? Defend your reasoning. https://academic.tips/question/state-x-licensed-glowing-power-co-to-operate-several-nuclear-power-plants-within-its-territory-despite-all-due-care-an-accident-occurred-at-one-of-these-plants-and-a-large-cloud-of-radioactive-dus/

References

Academic.Tips. 2021. "State X licensed Glowing Power Co. to operate several nuclear power plants within its territory. Despite all due care, an accident occurred at one of these plants, and a large cloud of radioactive dust escaped into the atmosphere. The cloud floated into the airspace above State Y before it began settling. It then caused extensive damage to the population and the natural environment of State Y. Is State X liable? Is the Glowing Power Co. liable? Defend your reasoning." October 9, 2021. https://academic.tips/question/state-x-licensed-glowing-power-co-to-operate-several-nuclear-power-plants-within-its-territory-despite-all-due-care-an-accident-occurred-at-one-of-these-plants-and-a-large-cloud-of-radioactive-dus/.

1. Academic.Tips. "State X licensed Glowing Power Co. to operate several nuclear power plants within its territory. Despite all due care, an accident occurred at one of these plants, and a large cloud of radioactive dust escaped into the atmosphere. The cloud floated into the airspace above State Y before it began settling. It then caused extensive damage to the population and the natural environment of State Y. Is State X liable? Is the Glowing Power Co. liable? Defend your reasoning." October 9, 2021. https://academic.tips/question/state-x-licensed-glowing-power-co-to-operate-several-nuclear-power-plants-within-its-territory-despite-all-due-care-an-accident-occurred-at-one-of-these-plants-and-a-large-cloud-of-radioactive-dus/.


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Academic.Tips. "State X licensed Glowing Power Co. to operate several nuclear power plants within its territory. Despite all due care, an accident occurred at one of these plants, and a large cloud of radioactive dust escaped into the atmosphere. The cloud floated into the airspace above State Y before it began settling. It then caused extensive damage to the population and the natural environment of State Y. Is State X liable? Is the Glowing Power Co. liable? Defend your reasoning." October 9, 2021. https://academic.tips/question/state-x-licensed-glowing-power-co-to-operate-several-nuclear-power-plants-within-its-territory-despite-all-due-care-an-accident-occurred-at-one-of-these-plants-and-a-large-cloud-of-radioactive-dus/.

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"State X licensed Glowing Power Co. to operate several nuclear power plants within its territory. Despite all due care, an accident occurred at one of these plants, and a large cloud of radioactive dust escaped into the atmosphere. The cloud floated into the airspace above State Y before it began settling. It then caused extensive damage to the population and the natural environment of State Y. Is State X liable? Is the Glowing Power Co. liable? Defend your reasoning." Academic.Tips, 9 Oct. 2021, academic.tips/question/state-x-licensed-glowing-power-co-to-operate-several-nuclear-power-plants-within-its-territory-despite-all-due-care-an-accident-occurred-at-one-of-these-plants-and-a-large-cloud-of-radioactive-dus/.

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